Strike Motion To Strike

Question: What does MOTION TO STRIKE JUDGMENT MEAN? I recently won my rent escrow case against my apartment complex..Now they have filed a MOTION TO STRIKE JUDGMENT against me. What's going to happen?? Am I able to appear again in court to present MY SIDE?? Or is this decision made w/o my evidence?? Help!! They should not get away with this without someone hearing my side AGAIN. What happened: Sued my apartment complex for not making repairs ordered by my local county inspector {building code violations}. The apartment complex did not appear on the scheduled date so we went to trial...Now they want to REVERSE the judges decision!! HELP!!! They want ALL of the back rent!! I am paying into an escrow account established by the court.

Answer: They want to claim a chance to appear in court to present their case in spite of missing the first trial. At worst, you present your case again. (They might be hoping that you won't show up this time.) You can even object to the motion. You should seek the advice of an attorney

Question: what does motion to strike mean? a jerk is contesting the will of my sister,what does motion to strike mean<

Answer: motion to strike n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record. A motion to strike is also made orally during trial to ask the judge to order "stricken" answers by a witness in violation of rules of evidence (laws covering what is admissible in trial). Even though the jury is admonished to ignore such an answer or some comment, the jury has heard it, and "a bell once rung, cannot be unrung."

Question: what does motion to strike appearance of attorney mean?

Answer: Motion to strike means to remove something. Appearance of attorney means for the attorney to appear. Unless these are two separate motions, I would deduce that they don't want a specific attorney appearing (or if the attorney removed himself from your case). I am almost certain these are two separate motions.

Question: I'm representing myself and filed for discovery. The D.A. has filed a motion to strike-what now? The D.A. feels that I am trying to "obfuscate and delay the proceedings with my subpoena for discovery". I really haven't been trying to do that--I'm just trying to prepare my defense. So, okay, he has given me some of what I asked for, so I'm trying to get the rest on my own. Meanwhile, he has filed this motion to strike the other items on the discovery list...this has gone to the judge who will be presiding over the case. Because I do not know how the system works, my question is actually this: Is there a recommendation from the legal eagles as to my reaction to this motion to strike? Do I respond to some of his accusations in this motion to strike? Do I write to the judge also in some kind of legal answer, because I have read through this packet of papers (the motion) and it makes me sound like some kind of idiot citizen who's just trying to make matters hard on the state and on the D.A.? Or do I ignore this stuff and jsut continue trying to prepare for my defense? Deal with it in court, so to speak? He has also suggested in the motion to strike that "in the event that further discovery is ordered, the State requests a continuance"...this is something I sure don't want...since the trial is already occuring out of state, and my husband and I already have travel expenses adding up just to get there. Recommendations? Thank you in advance for your advice.

Answer: Recommendation 1: Get a lawyer Recommendation 2: You should filed and get docketed an opposition. Lay out your position in clear and concise terms. Also make sure that you make the hardships of travel and expenses known to the judge when you request a continuance. Between Lawyers and Judges continuances are commonly granted as a matter of course, and only in rare hardship or urgency are they denied. It is considered a breach of professional courtesy to oppose a continuance absent a good reason. Reccomendation 3: Regarding the items you have on the discovery list that you have not received, make sure your opposition to the motion to strike lays out what you hope to show (or find) amongst the request materials. If there is one thing in world which judges hate, it is decending into bitter discovery disputes. Normally discovery is handled amicably between both parties on their own honor, obviously the DA has some problem with the materials you are requesting. It is best to show that your request is standard and was made in a friendly fashion, and that it is the other party who is being unreasonable, and was unreasonable first. As it stands, that fact that the DA has complied with some of your requests but not all indicates that you may have to show a legitimate reason for wanting it, but if you make such a showing, the partial compliance will cut against the DA, as it wasn't patently unreasonable or objected to at the outset.

Question: Served with a Motion to strike Petition to Modify Parent-Child Relationship? I filed a petition to Modify the Parent-Child Relationship suit. He filed an answer and also filed a "Motion to deny relief and/or strike petition to modify parent-child relationship". The document says the grounds for this is that I did not provide adequate facts for an allegation that the child's present enviroment endangers her physical or emotional health or that I didn't try to mediate with him first. The website I was refered to by legal's aide for the paperwork to file, didn't have a blank saying I needed to state WHY I wanted this change. I figured that all of those things would be brought up in the hearing which is why I wanted one scheduled. Soooo, the question is should I re-file something that states my reasons why AND if so, what am I supposed to file?

Answer: Yes file an addendum to the original motion to modify.

Question: Can a exhibit I filed one week ago as an exhibit in a motion to strike be amended? I filed a motion to strike an affirmative defense in a civil case a week ago. I am wondering if I need to file a motion to amend the exhibit, or if I can just send the exhibit in as an amended exhibit. I need to break the exhibit down into 4 different exhibits, because it's a chain of emails. To make sure I cover my butt I Plan to authenticate each email. I just don't want the defense trying to exclude. It's a case in the Oregon circuit court. Lots of utcr rules. I have not been able to find any rule saying either way. Thanks

Answer: Don't bother. The court will read them...besides, even if you lose on the motion to strike, you still get to raise the same issues later.

Question: how do i file a motion to strike a counterpetition from my wife in our divorce, if she's perjured herself? She lied on her financial affidavit about many things

Answer: don't know what state you are in, but i'm sure it is pretty close to this state requires. all you have to do is file what is called a "Respondent's Original Answer". i don't know where to tell you to look it up in your state, but i found this one on the internet from my state. basically, you are just entering what they call a "general denial" and when you do that you are asking the judge to set off any court date until YOU are ready to go to court. i just did this for a friend and typed the whole thing myself for him and he went and filed it and it did not cost him a thing because it was an answer to a judgment. look into this and don't waste money having an attorney to do it because they wanted to charge him $2700.00 for what i did for free and 2 pieces of paper off of my printer. also check into your public library for a "How To Do Your Own Divorce" in whatever state you are in. GOOD LUCK and do not trust any lawyers. And actually, i hope some lawyers are reading this right now. message me thru my mail here and i will give you all info.

Question: how to write a motion to strike?

Answer: Contact an attorney. Motions are complicated documents with specific rules, and a poorly written motion can do serious damage in a legal proceeding.

Question: what motion to strike includes? a. legally objectionable allegations b. point and authorities c. written interrogatories d. a and b e. b and c

Answer: If your intention was to present a random selection of five words, well done.

Question: Motion to strike the call? What does this mean, in a divorce case? I am from the state of Illinois. The context of this "motion to strike the call" verbage came from the divorce proceeding, in which each of our (my ex's and my) attorneys had "Motions to strike the call", which both happened to be allowed. I just wanted to know what this terminology meant. Both answers so far that were given were VERY good answers. Thank you very much.

Answer: Depending on which state or jurisdiction, a Motion to Strike is a pleading that can be used to disallow a certain information or item from being considered and/or introduced in the case. Most Motions are set before a Judge for a hearing, at which the Judge can either Deny or Grant the Motion with an Order. Motion to Strike can be used to block information that may be privileged by either spousal, which is between a husband and wife, attorney-client, clergy. accountant-client or trade secret.

Question: pls give explanation me explanation for motion to strike,,,? i cant find exactly the explanation to the internet,,,

Answer: motion to strike n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record. A motion to strike is also made orally during trial to ask the judge to order "stricken" answers by a witness in violation of rules of evidence (laws covering what is admissible in trial). Even though the jury is admonished to ignore such an answer or some comment, the jury has heard it, and "a bell once rung, cannot be unrung."

Question: What do you think of this: Irish police might be going on strike even though it's illegal to do so!!? The police in Ireland, called the "Garda", are not allowed to strike, it is illegal - just as the Irish armed forces aren't allowed to strike - whether it's the same in the US, UK, Canada and elsewhere I don't know? Not only are the Irish police not allowed to strike but even to suggest it is illegal yet the "Garda Representative Association" (a union in all but name as the police aren't allowed to form a union) leaders are putting a strike motion to a ballot of members! They are unhappy at proposed pay cuts. We now have the situation of the leaders of the police "union" openly breaking the law..........and if they strike they'll be open to criminal and civil prosecution, with fines upto €50,000 and prison terms of upto 5 years (maybe 15) It's a crazy situation and has to be dealt with firmly imho. The police CANNOT strike. Me You: Not so. Currently the Irish police aren't striking yet and hopefully won't but a ballot is to be held on whether they should - even though that would be illegal. See: http://www.irishtimes.com/newspaper/breaking/2009/1207/breaking29.htm http://www.rte.ie/news/2009/1207/gardai.html http://www.examiner.ie/breakingnews/ireland/garda-association-to-ballot-members-on-strike-action-437276.html

Answer: When you hear of revolutions from books or other people, it often involves some kind of bloodshed or violence - perhaps even some sort of civil war. What follows are some types of revolutions that do not involve the shedding of blood. 1. Constitutional Revolution These revolutions happen within the existing constitutional framework of the country. 1.1 Mass Conversion This type of revolution usually does not happen quickly, but perhaps slowly over a short number of years. It happens when nearly everyone within the society decides to change their behavior, perhaps because of new scientific discoveries or compelling new ideas in social organization. It may not even involve a change in the actual people in government - instead, the people just start doing things differently. 1.2 Voting for Revolution This type of revolution occurs only at the ballot box. Voters may decide to vote for politicians entirely different from the ones they voted for in the past, or the legislation passed may be entirely different from past legislation. 1.3 Constitutional Overhaul While the revolution imagined in popular culture may involve an armed militia overthrowing the existing constitution, the constitutional process itself can still be used to completely change it. For example, if some nation's constitution requires 70% of the vote for approval of changes, then 70% of the people could vote in so many changes to the country's constitution that it is virtually unrelated to the constitution before the "revolution". 2. Civil Disobedient Revolution These revolutions involve peaceful, but flagrant violations of existing legal norms. 2.1 Mass Civil Disobedience This involves changing the government by organizing very large numbers of people to openly defy the law. If even large sections of the police population join in, then the political system would have effectively changed, even without actual legislation. 2.2 General Strike A variation of mass civil disobedience that focuses on not going to work. Strikers hope to force the minority of government and business officials to respect their demands or else they would bring the country to a standstill. If there is enough support for the strike, then the officials themselves may be replaced. 3. Occupations and Takeovers These movements often have the potential to result in some violence, even if violence is not the actual intent. In order for an occupation or takeover to work, the occupiers need to be able to make use of whatever it is they are occupying - which means this is usually the employees of a company or organization that are involved. 3.1 Non-Violent Occupations In these occupations, employees assume democratic control over their places of work. If they are unmolested, then they carry on doing the work of the companies or organizations. However, because the companies are now controlled by different people, significant change may sweep the country. If they are attacked, either by police or hired thugs, those engaged in non-violence would either run, allow themselves to be arrested, or allow themselves to be beaten. 3.2 Takeovers with Self-Defence This is similar to the non-violent scenario above, except that the revolutionaries are willing to use self-defence. As long as they are unmolested, they are virtually indistinguishable from the non-violent (except, perhaps, for the presence of weapons on the premises) - they merely carry on changing the behavior of the organizations they now control. However, when attacked, the "revolution" would no longer be bloodless. Thus it falls in the hands of the attackers to determine whether the revolution would be bloodless or not.

Question: can a commissioner strike her own motion when u recuse her ? recused a commissioner 2 times. deined me to go to another co. gave me a 3 yr r.o. not letting see my childern or give me any funds leaving me homeless repo my car moved out of co with out court permission drain all funds from bank gave all my stuff away wont let my family see or talk to my kids in 3 yrs hide 401 k no heath ins. no hope. found out my boyfriend now ex hates me work with the commissioners sister and has dinner with her family bais? can anyone help?

Answer: Request for an appeal, with a three panel judge to review the laws and facts in the below courts. The mother should always have legal rights towards the best interest of her children. Hire a public defender or legal aid, its free....GOOD LUCK!

Question: If a baseball player looses his bat before swinging, is he charged with a strike if it's not over the plate? A ballplayer is resting his bat on his shoulder, he attempts to swing at a pitch, but the bat slips out of his hands before swinging and completes the swinging motion. Is that a strike if the pitch would have been a ball? Or is he charged with a swinging strike or not?

Answer: If I as the umpire believe he tried to hit the pitch, I will rule the pitch a strike. You yourself said "he ATTEMPTS TO SWING." That would be a strike.

Question: I've representing myself and have filed for discovery. What do I do when the D.A. has threatened to strike it? I need help from the legal eagles. I feel out of my league with a D. A. who is trying to be very intimidating. Here's the situation. I live in California. My husband and I were both given rather bogus tickets on a cross country trip. He was given a ticket going I was given one coming back in the same little speed-trap town in Nevada. We are fighting both of these, and it has been a learning experience and a battle going up hill, every step of the way. I have researched my rights as best I can and found that I could request a discovery. I faxed a discovery subpoena through the clerks office. I listed the items to prepare for my defense. The clerk recommended that I talk to the D.A--she said he might be willing to throw out the case. I spoke with him this morning and he was rather intimidating and says he is going to make a motion to strike my request--he used the word "esculpatory" also. I think he is aware that my legal background is limited and it seemed that he is trying to intimidate me with my lack of knowledge. I'm aware that I could appear at the trial and make a motion to dismiss the charges because they didn't give me what I need and that I could file for a motion for continuance. But this would mean another trip to Nevada for another trial I think--both inconvenient and frustrating--something I really don't want to do, but will, I guess, for the sake of the justice (or lack thereof) involved in this whole sitation. And if the judge is all in cahoots with these people, are we going to get anywhere, anyway? I'd appreciate advice about how to handle this D.A., and any recommendations about how best to prepare myself. Thank you in advance. My request for discovery includes: The officer's training records pertaining to his use of the radar gun he used. The officer's daily log for the date of the citation. The officer's radar log for the date of the citation. The officer's arrest record for 3 months prior. The name, model, serial number of the radar gun used and the numbers of the tuning forks used to test it. Copies of maintenance and certification records of the radar gun. A copy of the manual and specs of the radar gun. A copy of the log of calibrations of the radar gun. A copy of the repair calibration and accuracy of the tuning forks used. A speedometer calibration certificate. A copy of the FCC license that authorized the issuing police agency and operator of the radar gun. A copy of both sides of the officer's citation. I realize the discovery is rather long, but I am utilizing advice I found from an attorney who recommended this particular list for my type of citation.

Answer: Discovery is a fishing expedition. That's the point of it. The DA is required to turn over to you anything that the DA has in his "custody and control" that 1) will be used as evidence against you, or 2) is evidence that can be used in your defense. This last item is "exculpatory" evidence. The DA is not required to give you anything that cannot possibly be relevant to your case. On your list, it all looks relevant to me, with the possible exception of the officer's 3 month arrest history. The DA is not required to give you anything that they don't have or control. You may have to subpoena the PD or CHP to get some of the things on your list. As for the threat to bring a motion to strike your discovery request, that sounds like an intimidation tactic to me. I doubt they will file such a thing. If they don't give you what you want, you might be able to make a "motion in limine" at your trial. Basically, you ask that anything they did not produce cannot be used against you at trial. You are facing a very tough battle though, expensive enough if it was in the state you actually live in. If you don't want to turn this over to a lawyer, maybe you should consider how much time and effort you are willing to put into this.

Question: Can I file a motion to stike? He filed a motion saying he wanted unsupervised visitation and joint custody. And literally that is all it says. Can I put in a motion to strike his motion due to complaint fails to state a claim against defendant upon which relief can be granted? He has nothing for me to respond to except I don't agree to joint custdy

Answer: That's not a motion to strike. A motion to strike asks the court to delete items from a complaint or court record. Your argument is a motion to dismiss. It appears that your ex has moved for a relief. In order to grant that relief, it must be appropriate for the allegations in the complaint. If he has alleged, for instance, a change in circumstances, which is the most common allegation, then the court may grant the relief requested. He could also be asking for a temporary change and review during the pendancy of the action. I can't tell. Speak to an attorney in your jurisdiction

Question: How to block a Chop or a chopping strike in KARATE ? I learn karate from videos and books. And lately ive been practicing and Im becomming very good at blocking but I cant seem to block the sharp chopping motion blocks of karate. they are very painful even when blocking. How to attempt this ?

Answer: Don't block it, redirect the force, connect forearms with your opponent and force it away instead of taking the blow on your arm.... Karate is quite common, I think it would do some good to go to a class.... if you can find one and time to go.

Question: Who would hit with more force Mike Tysons punch vs The world record holder in the shot put's palm strike? I see these heavyweight shot put athletes throw a heavy put huge distances and I have no doubt in my mind that they must have serious KO power especially since they only train for all out one off pure power rather than power endurance like a boxer does Tyson on the other hand is a freak of nature with punches that could kill the average man So if the shot put champion hit a sensor with a simple rear hand palm strike similar to the motion of throwing the put and Tyson hit the sensor with his best punch Who would have the highest reading or who would strike with the most force? and Why? Yes he wouldnt spin! They must have a brutal rear palm cross tho just by the way they train for maximum explosivness of the lesgs core and upper body! A boxer does that too but has to do endurance work as well so that makes them less explosive than they could be! I see ok i screwed this one up lol

Answer: I LIKE YOUR THINKING OUTSIDE THE BOX - BUT IT IS SORT OF APPLES AND ORANGES, FIGHTERS FOCUS THEIR POWER TO ONE POINT, WHILE BOTH DO PUT THEIR BODIES OR HIPS INTO IT AS WELL- NEVER THE LESS, IF YOU WANT TO SEE SOME GREAT PALM STRIKES CHECK OUT BAS RUTTEN'S EARLY FIGHTS, THERE WERE NO CLOSED HAND PUNCHES ONLY PALM STRIKES AND HE KNOCKS FOOLS TFO. I STILL HAVE TROUBLE UNDERSTANDING WHY THEY DO NOT ALLOW PALM STRIKES CURRENTLY, MAYBE BECAUSE THE PALM IS NOT FULLY COVERED ??? THOSE TYPE OF STRIKES ARE NOT SANCTIONED BY THE ATHLETIC COMMISSIONS ( LIKE SOCCER KICKS TO HEAD OF A GROUNDED OPPONENT IN PRIDE FIGHTING ) THEY SIMPLY WON'T ALLOW IT - WHICH SUCKS FOR THE FANS OF MMA - THEY ALLOW ELBOWS WHICH FOR THE MOST PART CUT INSTANTLY AND MAKE THE FIGHT LOOK A LOT WORSE THAN IT ACTUALLY IS

Question: How high above the ground does the water strike the building? (angle 53.1 degrees).. thanks? Firemen are shooting a stream of water at a burning building using a high-pressure hose that shoots out the water with a speed of 25.0m/s as it leaves the end of the hose. Once it leaves the hose, the water moves in projectile motion. The firemen adjust the angle of elevation (angle) of the hose until the water takes 3.00s to reach a building 45.0m away. (air resistance ingnored, & assume that the end of the hose is at ground level.

Answer: Let h be the height. Resolving horizontally and vertically: 45 = 25.0 * 3.0 cos(a) ...(1) h = 25.0 * 3.0 sin(a) - 9.81 * 3.0^2 / 2 ...(2) From (1): cos(a) = 45 / 75 = 3 / 5 sin(a) = 4 / 5 Substituting for sin(a) in (2): h = 75 * 4 / 5 - 9.81 * 9 / 2 = 15.9 m.

Question: If you were throwing out the ceremonial first pitch, would you be able to impress the crowd with a strike? perhaps such a good motion and pitch that the team will be calling you after the game for a tryout? or will it be wide?

Answer: I can throw a strike, but since most of the crowd is either not in their seats yet, or not paying attention, I'm sure that not many people would be impressed.